74Commission to check, and may audit, Assembly election campaign return

74 Commission to check, and may audit, Assembly election campaign return

(1)  On receiving an Assembly election campaign return lodged under section 71 , or an amended Assembly election campaign return lodged under section 73 , the Commission is to satisfy itself that all particulars required to be included in the return have been included.

(2)  The Commission may audit an Assembly election campaign return or an amended Assembly election campaign return.

(3)  A person who is or was a registered party, Member, candidate, associated entity, third-party campaigner in relation to an election, party agent or official agent must assist the Commission by –

(a) giving the Commission full and free access at all reasonable times to all accounts and documents, relating directly or indirectly to any matter required to be disclosed under this Act in an Assembly election campaign return, that are in the possession of the person or that the person may reasonably obtain; and

(b) giving the Commission all information and explanations that the Commission reasonably requests in respect of any matter required to be set out in the Assembly election campaign return.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.

(4)  The Commission may appoint an auditor to audit Assembly election campaign returns, and amended Assembly election campaign returns, on its behalf.

(5)  An auditor appointed under subsection (4) has and may exercise the same functions as the Commission has under this section in relation to an audit of an Assembly election campaign return or an amended Assembly election campaign return.

(6)  An audit under this section is to be conducted in the manner, if any, prescribed in the regulations.